FOREIGN JUDGMENTS ACT 637 Registration must be set aside: (i) if the judgment is not one to which the Act applies; (ii) if the foreign court acted without jurisdiction; aside (iii) if the judgment debtor, being the defendant in the original pro- ceedings, did not (despite service of process in accordance with the foreign law) receive notice of the proceedings in sufficient time to enable him to defend them and did not appear; (iv) if the judgment was obtained by fraud;1 (v) if the enforcement of the judgment would be contrary to public policy in England; (vi) if the rights under the judgment are not vested in the applicant.2 Registration may be set aside if the registering court is when satisfied that the matter adjudicated upon had already been the rcgisf ati°n 1 • rrij i • • i 1 i • may °e sct subject or a final and conclusive judgment by a court having aside jurisdiction in, that matter,3 The rules by which the Act specifies the circumstances in Cases in which a foreign court shall be deemed to have had jurisdiction j^* vary according as the original action was In personam or in rem. court In the case of a judgment given in an action inpersonam the ^vTturU- original court is deemed to have had jurisdiction in the follow- diction ing circumstances : jurisdic- 0 tion over (i) If the judgment debtor, being defendant in the original court, action /« submitted to the jurisdiction by voluntarily appearing in the pro- Personam ceedings otherwise than for the purpose of contesting the jurisdic- tion or of protecting, or obtaining the release of, property seized or threatened with seizure, in the proceedings. (ii) If the judgment debtor was plaintiff in the original action. (iii) If the judgment debtor, being defendant, had previously agreed to submit to the jurisdiction. (iv) If the judgment debtor, being defendant, was, at the time of the institution of the proceedings, resident in the foreign country, or, being a corporation, had its principal place of business in that country. (v) If the judgment debtor, being defendant, had an office or place of business in the foreign country and the original action was brought in respect of a transaction effected through or at that office or place.4 It is expressly enacted that the expression 'action in personani shall riot include any matrimonial cause, or any proceedings 1 When an application is made on this ground, the same rules apply as apply where the defence of fraud is raised to an action on a foreign judgment (infra, p. 672), Sya/v. Heyward, [1948] 2 K.B, 443. S. 4 (i) (-f). 3 S. 4 (i) (*). 4 S. 4 W «. *